Glossary

Moral rights

Moral rights are the author’s personal rights in a copyright work: to be identified as author, and not to have the work subjected to derogatory treatment. In the UK they sit in the Copyright, Designs and Patents Act 1988 ss.77–80. They cannot be assigned. They can be waived in writing, signed by the person giving them up, under s.87.

Last updated 28 October 2026

Clients who take an IP assignment still meet moral rights unless they are waived. A photographer who assigns copyright on payment can keep a right to a credit, or waive identification so the brand can crop and republish without a byline. The unpaid-work guide at /guides/client-using-work-without-paying-uk is about ownership; this page is about the personal rights that sit beside it.

Lex puts waiver, credit and portfolio language next to the assignment in the freelancer agreement and the photo licence. We would rather you agree those lines on one shared contract than argue about a missing byline after the campaign ships. The other side signs the same frozen wording; they never pay us.

What moral rights exist in UK copyright law?

The right to be identified as author or director (CDPA 1988 s.77), which must be asserted. The right to object to derogatory treatment (s.80) — a distortion or mutilation that prejudices honour or reputation. The right against false attribution (s.84). A privacy right in certain commissioned photographs and films (s.85).

Can moral rights be assigned?

No. Section 94 says they are not assignable. Section 87 says they may be waived by an instrument in writing signed by the person giving up the right. A waiver can be specific or general, conditional or unconditional, and may be expressed to be revocable. An IP assignment that is silent on moral rights leaves them with the author.

Should a freelancer waive moral rights?

Only as far as the job needs. A brand campaign that will be cropped, translated and recut usually needs a waiver of integrity and identification, plus a separate credit sentence if a byline still matters. A named editorial portrait often keeps identification.

How do moral rights differ from an IP assignment?

Assignment moves ownership of copyright, usually on payment. Moral rights stay with the author unless waived. A client can own the photograph and still need a waiver before they add a slogan across the face. A work-for-hire heading does not do this work in England and Wales. Write assignment, waiver, credit and portfolio as four sentences. See /clauses/intellectual-property-assignment.

A worked example

An illustrator assigns copyright in a campaign character on full payment, waives the right to object to cropping and colour shifts for that campaign, asserts the right to a credit on paid social, and keeps a portfolio right after launch. The client’s first draft said “work for hire, all moral rights waived worldwide forever.” Those four sentences replaced it.

How it shows up in a contract

Sample wording · our own drafting

The Supplier asserts the right to be identified as author of the Deliverables. To the extent permitted by the Copyright, Designs and Patents Act 1988 s.87, the Supplier waives the right to object to derogatory treatment of the Deliverables for the uses licensed or assigned in this agreement. This waiver is limited to those uses. The Supplier may show the Deliverables in a portfolio after launch unless the Client objects in writing.

In Plain English

The maker says “this is my work” for credit. They agree not to block the crops and edits this job needs. That agreement covers those uses only. They can still show the work in a portfolio after launch unless the client writes to say no.

Common mistakes

  • Assuming an IP assignment also waives moral rights. It does not.
  • Signing a blanket worldwide waiver on a one-day job when a campaign-limited waiver would do.
  • Forgetting that identification must be asserted under s.77, then wondering why a credit clause never bit.
  • Using US work-for-hire language as a substitute for a UK waiver.

What the legislation says

  • The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right to be identified as author or director (s.77) and the right not to have the work subjected to derogatory treatment (s.80). Moral rights cannot be assigned; they may be waived by an instrument in writing signed by the person giving up the right (s.87).

    Source: Copyright, Designs and Patents Act 1988, ss.77, 80 and 87Checked 28 October 2026Pending lawyer review

Sources

Frequently asked questions

What are moral rights?

The author’s personal rights in a copyright work: to be identified, and not to have the work subjected to derogatory treatment (CDPA 1988 ss.77–80). They are not the same as owning the copyright.

Can moral rights be assigned?

No. They can be waived in writing, signed by the person giving them up (s.87). An IP assignment that is silent on moral rights leaves them with the author.

Should a freelancer waive them?

Only as far as the job needs — for example a campaign-limited waiver of integrity, plus a credit sentence if a byline still matters. See /clauses/intellectual-property-assignment.

Does “work for hire” waive moral rights in the UK?

No. That is a US-style label. UK papers need an assignment or licence plus a signed waiver if the client needs one. See /glossary/work-for-hire.

Related

The legal wording governsLast reviewed 28 October 2026Pending lawyer review